1. The appellant herein has challenged the award dated 16.04.1999 passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar in Motor Accident Claims Petition No. 368 of 1996 so far as the Tribunal awarded only Rs. 1,20,000/- as compensation with interest and costs.
2. It is the case of the appellant that while the appellant was going to temple on his bicycle, a truck bearing registration No. GJ-1-U 7349 which was being driven by the original opponent no. 1 in a rash and negligent manner hit the cycle as a result of which he was thrown off the cycle. The appellant sustained injuries and therefore filed claim petition for compensation to the tune of Rs. 2,29,400/-. The Tribunal after hearing the parties passed the aforesaid award.
3. Ms. Sushma Shah, learned advocate appearing for Mr Sunil Shah for the appellant submitted that the Tribunal erred in holding that the appellant's monthly income as only Rs. 800/- when it ought to have been assessed at 15000/- per annum. She also submitted that the disability assessed by the Tribunal is on lower side and the amount awarded under the head of pain shock and suffering is also less.
4. The Tribunal in the present case has considered the income of the appellant at Rs. 800/- per month. However, considering the law laid down by the Apex Court this court is of the view that the notional income of the appellant who was minor at the relevant time ought to have been considered at Rs. 15000/- per annum.
5. In the present case the disability assessed by the Tribunal is 10% for the whole body which is just and proper.
Accordingly, the loss per annum shall come to Rs. 1500/-.
6. As per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the claimant, the multiplier of 18 awarded in the present case is just and proper. Therefore the future loss of income would come to Rs. 27,000 (Rs.1500 x 18). The Tribunal has already awarded Rs. 17280/- and therefore an additional amount of Rs. 9720/- is required to be granted under the head of future loss of income.
7. As regards the rest of the awards under various heads are just and proper and no interference is required.
8. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 9,720/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//